What is the Indian Child Welfare Act?
The Indian Child Welfare Act (ICWA) is a federal law that was created to protect the rights of Native American children, families, and tribes. ICWA applies to any state, federal, or tribal court proceedings that involve an American Indian child who is a member of, or is eligible for membership in, a federally recognized tribe. It was passed by Congress in 1978 in response to the alarming rate of removal of Native American children from their families and tribes by state and federal child welfare and adoption agencies. ICWA works by setting standards for state courts and agencies to follow when they are making decisions about the placement of Native American children who are in the care of the state. It allows tribes to intervene in state court proceedings and requires the courts to consider the child’s cultural heritage when they are making decisions. The law also requires that the child’s tribe be notified when there is a custody or adoption proceeding involving a tribal member. ICWA also sets standards for state agencies and courts to follow when placing Native American children into foster care or adoption. It requires preference to be given to a custodial placement with relatives or other Native American families, and that tribes be consulted to select a foster care or adoptive placement that will be in the best interest of the child. The law also sets rules for the termination of parental rights, and provides for special consideration if the child is over the age of 12 and objects to being placed into foster care or adoption. In short, ICWA is an important law that helps protect the rights of Native American children and their families, while also respecting the potential benefit of tribal connection and culture.
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